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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23063
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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What are the Councils obligations to neighbouring properties

Customer Question

What are the Councils obligations to neighbouring properties of their contaminated land?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  touchwoodsden replied 1 year ago.

Is this New Zealand or England?

Customer: replied 1 year ago.
New Zealand
Expert:  touchwoodsden replied 1 year ago.

Thank you. You have posted in UK law. I will transfer it to New Zealand/Australia

Expert:  Chris The Lawyer replied 1 year ago.

In general, any owner of land which is contaminated must ensure that the contamination does not spread and affect other neighbouring properties. If the council is about to undertake remediation of the land to remove the contamination, that is likely to need a resource consent, which will likely require the neighbours to be notified. It may be helpful if you gave me some more details about the nature of the contamination and what is proposed by the council and I can be more specific. But the council does have a duty of care to prevent the contamination from affecting your property